**WON** Slinky v Abbey National (4524)

[Slinky]

09.06.06 Sent initial letter to Shabby National requesting a refund of £351.99.

30.06.06 Sent second request for refund.

21.07.06 Received letter from Shabby - standard denial letter.

22.07.06 Submitted Court claim for £351.99 + £158.88 additional interest and £80.00 Court fees = TOTAL £590.87 (Should have sent me the £351.99)!

31.07.06 Letter from DLA Piper (Abbey's Old Solicitors) moaning that I had claimed £105.00 worth of bank charges that were prior to six year limit.

01.08.06 Notice that Acknowledgement of Service has been filed received from Court.

03.08.06 Late letter from Abbey apologising for delay and that they are unable to locate our account (it is a closed account) - bit late in the day as it was already going to Court....

16.08.06 Letter of Offer of £218.78 from DLA Piper Solicitors and defence papers.

18.08.06 Notice of Issue returned to Court NOT accepting proposal for payment.

18.08.06 Letter sent to DLA Piper stating the minimum I would accept is £415.85 (This is less the £105.00 worth of charges for the period prior to the six year statute limit - being generous I thought).

04.09.06 Notice from the Court that defence papers have been filed.

04.09.06 Allocation questionnaire completed and returned to the Court.

21.09.06 Notice of Allocation to the Small Claims Track and listing date of 19 October 2006.........

 

19.10.06 All the papers had been prepared and both myself and my husband waited at the Court in anticipation for either a representative from DLA Piper or Abbey National to show up and throw cash at us...NO ONE TURNED UP!

 

Went into the hearing with a Judge who stated that he kept listing these hearings in the hope that one would actually get to Court but they just kept being settled before they got that far. He also felt that 8% interest was too high and settled the judgement by default. Total amount refunded £523.43.

 

This included the original £105.00 worth of charges that were over the six year limit and an additional £12.00 for travel expenses. However he did cap the 8% interest.

 

So keep in there, YOU CAN WIN:grin:

[sowerby17]

good for you great news hope i win when the time comes

[Armsoft]

Interesting that the Judge allowed charges over the 6 year period.

The Shabby, in their state of `Shambles` sent me my statements going back to 1994 (12 years) although, they are in a bit of a mess with my claim as it involves charges to my account After I had closed it (and they were the only charges every applied to the account) and they then went on to register a Default Notice (without informing me), so basicaly they are up Sh*t Creek without a canoe, let alone a paddle.

So I have to forgive some of their Cockups (oooops, no I don`t !), I have a feeling the end is nigh with this one.

[Lula]

How can the judge think that 8% interest is too high? it is the standard S69 interest? and alot less that what a customer of the shAbbey is charged, do you remember the exact wording or can you post what he wrote in the order?

 

Many thanks and congratulations

[Slinky]

There was no mention about the 8% interest in the order and in fact the order stated that neither party had shown up (which was rubbish as we spent 20 minutes with the Judge) and I have written to the Court about that. The Judge just said that he felt that 8% was too steep and that the value had not been altered at Court for some while and he believes that it should be. I hope I don't get him again for my next case....Any arguements against his point would be appreciated...SLINKY

[Templars Cross]

Hi,

I have only recently found out about our right to reclaim our money back - and I feel as if I've been going around with my head in the sand!

Anyway - excellent news and well done.

Is it typical of Shabby to go that far in proceedings? The poll seems to show them packing it in at the on-line claims stage?